Tag:Investment Company Act of 1940

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United States: Dead Rules Walking: The SEC Removes Two Zombie Rules
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United States: Supreme Court Scissors up Saba’s Rescission Argument Under Section 47(b) of the 1940 Act

United States: Dead Rules Walking: The SEC Removes Two Zombie Rules

By: Thoreau Bartmann and Marguerite Laurent

Key Takeaways

On 4 August 2026 the SEC deleted two long dead requirements from its rulebook. SEC.gov | Investment Company Governance Technical Amendments. Specifically, the SEC deleted a requirement that 75% of a fund board be independent and that the board chair be independent, both provisions that had been struck down by a court in 2006, yet were still in the rulebook twenty years later.

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United States: Supreme Court Scissors up Saba’s Rescission Argument Under Section 47(b) of the 1940 Act

By: Thoreau A. Bartmann, Varu Chilakamarri, Jennifer R. Gonzalez, Charles M. Ponder, and Steve Topetzes

Background

The Supreme Court agreed to hear FS Credit Opportunities Corp., et al. v. Saba Capital Master fund, et al. to resolve whether Section 47(b) of the Investment Company Act of 1940 (Act) allows private parties to bring lawsuits against registered investment companies to rescind contracts (including corporate bylaws) that allegedly violate the Act.

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